Annulment of marriage
Annulment of marriage consists of destroying the marriage bond and bringing you back to your pre-wedding situation. The rules are stricter than those relating to divorce. If your marriage is subject to annulment, your lawyer must inform you of this possibility. We will guide you to this approach if it applies to you.
If both spouses agree on the terms of their separation, including the division of property and custody of the children, they may proceed by joint divorce.
We will still have to draft a consent and have it ratified by a judge. In this case, we advise both spouses on their respective rights without bias.
This approach should be preferred where possible, as it saves frustration, time and money and preserves good relationships. This is very useful, especially when children are born out of wedlock.
Did you know that divorce is possible without having to go before a judge? Divorce will be amicable if the spouses agree on the broad outlines:
- The division of property;
- The division of debts;
- Child custody;
- Any other rights resulting from marriage.
- The income of each person, child support payments and the particular expenses of the children.
Amicable divorce is therefore by written agreement, without having to testify in court. There are several ways to reach an agreement:
The case of both parties represented by a single lawyer: this is called joint divorce, it is a single application in which you and your spouse are the plaintiffs. You will then have the same lawyer who will represent you without bias. You may be able to pay his or her fees to two, or by agreement between you, decide that one of the parties will bear the costs alone.
- The case of a lawyer-represented party and an unrepresented party: You have decided to appoint a lawyer but you do not know whether this will result in an agreement or not. Your spouse does not wish to be represented by a lawyer. Be aware that your lawyer may be able to negotiate an agreement directly with your spouse after making sure that he or she does not wish to be represented.
- The case of the two parties represented by a lawyer each: You and your husband have all the will of the world to settle the consequences of your break-up but do not know how to do it. You have settled most of the points except for a few details that still need to be considered. You then decide to take one lawyer each to negotiate for you.
Regardless of the procedure, rest assured that we will do our utmost to reach a solid and satisfactory agreement.
Where consent is not possible, divorce proceedings must be initiated. Several approaches may be considered depending on the situation:
- Negotiation with the lawyer representing your spouse to obtain consent,
- if there is no openness to negotiation, a court case will be necessary,
- alternative intermediate approaches to securing incremental gains or to narrowing the scope of the challenge in court may be considered.
We will adopt the best strategy to maximize the enforcement of your rights while minimizing your costs.
Separation of common-law spouses
Be aware that as far as children are concerned, you have the same rights and obligations whether you are married or not.
The breakdown of common-law partners can have legal consequences, and there are several types of applications available depending on your situation. For example, for example:
- An application to share your co-owned family residence with your former common-law partner;
- A request to obtain the delivery of a car or other property that belongs to you;
- A request to ask for a sum of money because there is an unjustified enrichment of one spouse compared to the other.
And many other remedies available to you. Contact us to learn more about your rights.
You have marital problems, but you still want to think about whether your marriage will last? You want to split up, but you're not ready to divorce?
You still want to settle the separation of all your assets and the custody of the children?
The Body Separation procedure can probably meet your needs.
Contact us to find out more about the difference between divorce and separation proceedings, we can help you choose which one to choose based on your needs and values.
Partition of patrimony
During a divorce, one of the important aspects to take into account is the division of the family patrimony. This is one of the greatest sources of frustration after child custody.
The aim is to divide the assets acquired during the marriage between the two ex-spouses. Several rules govern this sharing, but an agreement can supplement these rules.
Whether it's during negotiations or pleading before the courts, a lawyer will be of great help in guiding you through the process of sharing and helping you to preserve your rights.